Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Kentucky
: Kentucky CasesAnnexation and restrictive covenants: JEWELL V. CITY OF BARDSTOWN, KY (COA 1/25/08)
By Michael Stevens
JEWELL V. CITY OF BARDSTOWN, KY
ANNEXATION: RESTRICTIVE COVENANT AND ESTOPPEL
2007-CA-000422
PUBLISHED: AFFIRMING
PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR
COUNTY: NELSON
DATE RENDERED: 1/25/2008
The City of Bardstown (the ?City?) began annexation proceedings on some unincorporated property. Many residents in the area of this property opposed annexation and filed a petition in opposition to annexation, requesting a public referendum. The Mayor of Bardstown disqualified those persons who signed the petition and whose property was subject to a Consent to Annexation Agreement. This agreement was entered into by the developers of the property in exchange for the City?s agreement to provide water and sewer services to the neighborhood, and ran with the land. Because of the disqualification, there were not enough signatories for a referendum. The annexation was completed. The residents filed suit challenging the mayor?s actions, but the circuit court affirmed the annexation.
On appeal, the court acknowledged that there are no Kentucky cases discussing whether a restrictive covenant consenting to annexation that runs with the land can estop land owners from signing a petition in opposition to annexation. However, the court looked at cases from other jurisdictions, all of which held that the landowners were estopped from revoking their consent to annexation by purchasing land subject to annexation-consent covenants, and believed that they were consistent with Kentucky?s annexation statutes. The court reasoned that the landowners gave consent to annexation in return for the valuable consideration from the City of the provision of city water and sewer services, and should be estopped from receiving the benefits of the bargain without the obligations. It therefore affirmed the circuit court?s ruling.
Samuel Hinkle
Full post as published by Kentucky Cases on February 25, 2008 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
City of Warren
alleging property damage caused by city mandated trees
Kansas City Car Accidents
alleging liability for personal injuries caused by a car accident in Kansas City, Missouri.
Kansas City Accidents
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other Kansas City, Missouri vehicle accidents.
Kansas City Motorcycle Accident
alleging liability for personal injuries caused by a motorcycle accident in Kansas City, Missouri.
Kansas City Truck Accident
alleging liability for personal injuries caused by a truck accident in Kansas City, Missouri.
Juniper Ridge
Bend City agrees to pay Juniper Ridge Partners a $2.56 million settlement regarding city development.

"Blue Pencil" and Restrictive Covenants
Blawg of the Day -- Non-Compete and Restrictive Covenants Blog
Enforcing Restrictive Covenants in Times of Layoffs
Post-Employment Restrictive Covenants
Proposed Changes to Georgia's Law of Restrictive Covenants
Ind. Decisions - More on: Court has denied transfer in Home Place annexation case
Two Ky COA Published Opinions May 23, 2008
Jewell v. Jewell, Funeral Expenses For Child, Doctrine Of Necessaries
Court Rules Municipal Annexation Requires Special Election









